Written Answers Monday 27 February 2006

Scottish Executive

Child Protection

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive whether it will reach a decision on the criteria which will apply when determining whether a person should be banned from working with children and, if so, whether it will publish such criteria.

Peter Peacock: The List of Those Disqualified from Working With Children was established by the Protection of Children (Scotland) Act 2003. In accordance with the provisions of that act an individual can be placed on the list either when the courts have deemed this should be the case at the time of a conviction or when an organisation has referred them for consideration. The tests applied to referrals by organisations are that the person was working in a child care position, the referral is not frivolous or vexatious, the person harmed a child or put them at risk of harm and has been dismissed, moved away from working with children or left before that action could be taken. If these criteria are met, a Determination Panel considers the information provided by both the referring organisation and the individual as to whether they are unsuitable to work with children. The full determination process is set out in the Protection of Children (Scotland) Act 2003 Determination Regulations 2004 (SI 2004 No. 523).

  As part of the work to be done in taking forward our proposals for a new vetting and barring scheme outlined in the consultation paper Protecting Vulnerable Groups: Scottish Vetting and Barring Scheme published on 8 February 2006, we will be considering the criteria for barring under the new scheme and will make clear the process and criteria upon which decisions will be made.

Child Protection

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive what particular measures it is taking, or ensuring are taken, to increase vigilance and raise awareness in organisations and among the general public that child protection is the responsibility of everybody.

Peter Peacock: Through the child protection reform programme, we have undertaken a pilot awareness raising media campaign in the north east of Scotland and are considering the evaluation from this. We have also issued almost 240,000 leaflets, "Protecting Children and Young People: What you can do to help if you are worried about a child or young person" for distribution across Scotland through Child Protection Committees (CPCs). In strengthening the role of Child Protection Committees through guidance issued in February 2005, we have made clear that a key function is the provision and dissemination of public information about protecting children and young people through developing, implementing and regularly reviewing a communications strategy. Protecting Children and Young People: Framework for Standardsalso requires agencies to work in partnership with members of the community to protect children.

  Before commencing the Protection of Children (Scotland) Act 2003, we issued some 6,500 leaflets to approximately 360 organisations across the country reminding them of the need to safeguard children and the duty they have under the act if someone harms, or risks harm, to a child and is dismissed, moved away from working with children or leave before this can happen. This was supplemented for the voluntary sector by the production of additional guidance, a training pack and the running of a series of workshops.

Council Tax

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive when it will publish the research on improving council tax collection rates in Scotland.

Mr Tom McCabe: We are currently awaiting the finalised version of this report, which is being revised in line with our social research guidelines. In particular, an edited summary of the findings has been requested in order to promote wider dissemination and increase the accessibility of the findings.

  On receipt of the final report, and subject to normal quality procedures, we will put in place a timescale for publishing this research, which we envisage will be published later this spring.

DNA Samples

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive which body or bodies provide ethical oversight of decisions taken in respect of research uses of DNA samples and profiles obtained by the police in Scotland.

Cathy Jamieson: The Scottish DNA Database does not allow any research to be carried out on the DNA samples and profiles it holds that are collected by the police in Scotland.

  The National DNA Database does not hold any DNA samples collected by the police in Scotland, although it does hold DNA profiles collected by the police in Scotland. As such, no DNA samples collected by the police in Scotland are subject to any research use.

  Information is not held as to whether DNA profiles collected by the police in Scotland have been or are the subject of any research approved by the National DNA Database.

  Decisions taken in respect of research projects using DNA samples and profiles held by the National DNA Database are made by the National DNA Database Board, which includes Willie Bald, Deputy Chief Constable of Tayside Police, and a representative of the Human Genetics Commission.

  The Executive is also aware that the National DNA Database has made approaches to the Central Office for Research Ethics Committee with a view to their providing a further level of independent ethical oversight of research projects.

Housing

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive how it will monitor Scottish Borders Housing Association’s performance in meeting its proposed £70 million programme of investment in its 6,728 properties over the next 10 years.

Malcolm Chisholm: I have asked Angiolina Foster, Chief Executive of Communities Scotland, to respond. Her response is as follows:

  Scottish Borders Housing Association (SBHA)’s performance in investing in its stock is being monitored on ministers’ behalf by Communities Scotland within a regulatory framework that puts tenants’ interests at its heart. This includes: frequent liaison meetings; inspection; monitoring of SBHA’s business plan, and assessment of its capacity to meet the Scottish Housing Quality Standard.

  SBHA is due to be inspected by the regulation and inspection division of Communities Scotland this year with the on-site period scheduled for mid-summer. Its performance against business plan assumptions, the physical quality of housing and areas, progress in delivering planned maintenance and area renewal and arrangements for meeting the Scottish Housing Quality Standard will be examined as part of this inspection.

Inter-Governmental Links

Mr Andrew Welsh (Angus) (SNP): To ask the Scottish Executive, further to the answer to question S2W-22442 by Mr Tom McCabe on 31 January 2006, whether it can confirm that there are no informal mechanisms to ensure that Scottish interests are taken into account by UK-wide quangos dealing with UK departments with responsibility for English issues, given that question S2W-22441 referred to in the answer to S2W-22442 related to formal mechanisms.

Mr Tom McCabe: Contact of whatever degree of formality or informality with the UK Government, its departments and agencies takes place in accordance with the overall scheme for ensuring that devolved Scottish interests are taken into account, which allows scope for the development of appropriate approaches for particular issues or organisations, including particular "quangos". As noted in answer to question S2W-22441, this is founded on the Memorandum of Understanding and associated agreements (which have been made available at www.scotland.gov.uk/concordats ).

Junior Doctors

Bristow Muldoon (Livingston) (Lab): To ask the Scottish Executive how many rotas covering junior doctors in NHS Lothian are not compliant with the EU working time directive, broken down by speciality.

Malcolm Chisholm: We do not hold detailed rota information for doctors in training. However, the following table provides details of NHS Lothian’s assessment of the number of doctors in training who are not compliant with the requirements of the Working Time Regulations (WTR), as at 1 August 2004. I hope this information is useful.

  Analysis by Speciality - Lothian

  

Specialty
WTR Non-Compliant at 
16-06-045
Expected to be WTR Non-Compliant at
01-08-042,5
Total


Accident and Emergency
0
0
41


Anaesthetics
43.6
0
58.6


Clinical Pathology
0
0
11


Haematology
9
4
13


Medical Microbiology and Virology
0
0
8


Dermatology
0
0
6


Cardiology
11
0
17


Infectious Diseases
0
0
5


Gastroenterology
10
10
10


General Medicine
27
0
49


Renal Medicine
6
0
10


Respiratory Medicine
5
0
13


Rheumatology
0
0
1


Genito-urinary Medicine
0
0
2


Geriatrics
33
16
38


Intensive Care Medicine
6
0
16


Medical Oncology
0
0
6.5


Neurology
8
8
14


Paediatrics
0
0
35


Palliative Medicine
0
0
1


Clinical Oncology
0
0
9


Rehabilitation Medicine
6
6
6


Obstetrics and Gynaecology
0
0
45


Child and Adolescent Psychiatry
7
7
7


General Psychiatry
41
41
70


Clinical Radiology
0
0
24


Cardiothoracic Surgery
14
0
18


ENT Surgery
6
6
12


General Surgery
11
11
36


Neurosurgery
5
5
5


Ophthalmology
0
0
14


Trauma and Orthopaedic Surgery
5
0
23


Paediatric Surgery
10
0
15


Plastic Surgery
0
0
12


Urology
0
0
7


General Practice
0
0
1


Oral and Maxillofacial Surgery
0
0
6


Mixed3
43
20
53


Unknown4
47
15
70


Totals
353.6
149
788.1


Percentages
44.9%
18.9%
100.0%



  Notes:

  1. These figures do not include GP registrars.

  2. Figures are board predictions for the number of doctors in training expected to be WTR compliant/non-compliant at 1 August 2004.

  3. A mixed specialty rota occurs where a return has specified more than one of the above specialties on the same rota.

  4. An unknown rota occurs where the return has provided insufficient information to distinguish which of the above specialties apply.

  5. Compliance with the European Working Time Regulations includes working no longer than 58 hours per week, taking a minimum 11 hours rest in a 24 hour period, and receiving four weeks’ paid annual leave.

Justice

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what the value was of (a) illegal drugs seized, (b) property recovered through the powers of civil recovery under Part 5 of the Proceeds of Crime Act (2002) and (c) cash seized under the Proceeds of Crime Act (2002), in the area where Dumfries and Galloway Constabulary is the reporting force, in 2003-04 and 2004-05.

Colin Boyd QC: (a) This information is not held centrally.

  (b) The value of property recovered under Part 5 of the Proceeds of Crime Act 2002, using civil recovery powers in the Court of Session, in the area where Dumfries and Galloway Constabulary is the reporting force in 2003-04 was £170,000. No property was recovered in the year 2004-05.

  (c) Using the cash forfeiture powers under Part 5 of the Proceeds of Crime Act 2002, the value of cash seized in the same area was £186,690 in the calendar year 2003, £310,406 in 2004 and £137,085 in 2005. Of the total cash seized during those periods, nearly £335,000 has been forfeited. There are on-going forfeiture proceedings in respect of nearly £300,000.

Maritime Issues

Bruce Crawford (Mid Scotland and Fife) (SNP): To ask the Scottish Executive what discussions it has had with Her Majesty’s Government with regard to proposals for ship-to-ship oil transfers in the Firth of Forth.

Rhona Brankin: The Scottish Executive is in regular contact with Her Majesty’s Government on a number of issues, including the proposals for ship-to-ship transfers of oil as cargo in the Firth of Forth.

Public Sector Procurement

Sarah Boyack (Edinburgh Central) (Lab): To ask the Scottish Executive why it has chosen to mirror the Office of Government Commerce’s implementation of the new EU Public Sector and Utilities Procurement Directives.

Mr Tom McCabe: The Executive’s approach to implementation was set out in the draft Scottish Regulations implementation of the Public Sector Procurement Directive 2004/18/EC and Utilities Directive 2004/17/EC. Essentially, our regulations are close to the Office of Government Commerce’s (OGC) because we are both subject to the same overarching EU law framework. Also, suppliers operating in Scotland and the rest of the UK might find it difficult to interpret regulations which were substantially different in style and/or substance. Scottish Regulations therefore differ from OGC only where we believe this to be necessary in a Scottish context, for example in respect of the tier of the court in which remedies may be sought.

Public Sector Procurement

Sarah Boyack (Edinburgh Central) (Lab): To ask the Scottish Executive whether it agrees that the new EU Public Sector and Utilities Directives do not simply clarify existing guidance but provide additional scope to undertake public procurement in such a way that achieves value for money whilst meeting social, employment and environmental challenges.

Mr Tom McCabe: The new directives and implementing regulations do provide such additional scope in allowing contracts to be reserved for supported businesses.

Public Sector Procurement

Sarah Boyack (Edinburgh Central) (Lab): To ask the Scottish Executive why the draft regulations implementing the new EU Public Sector and Utilities Procurement Directives implement Articles 25 (sub-contracting) and 27 (obligations relating to taxes etc) as being optional and not mandatory.

Mr Tom McCabe: These articles refer to information which prospective bidders may be requested to provide in the context of a procurement process. Making it a mandatory legal requirement that the information must be sought and provided by tenderers on every occasion might result in unnecessary burdens on suppliers and purchasers alike. The Scottish Regulations which give effect to the directives, therefore, allow individual public authorities and utility entities the scope to decide whether the information should be sought.

Public Sector Procurement

Sarah Boyack (Edinburgh Central) (Lab): To ask the Scottish Executive, given the deadlines for transposing the new EU Public Sector and Utilities Procurement Directives, whether it will publish its own separate and distinct social issues guidance in respect of the directives or whether it will copy the guidance currently being prepared by the Office of Government Commerce.

Mr Tom McCabe: I can confirm that the Executive intends to publish guidance on social issues in respect of the directives. Given that both Scotland and the rest of the UK operate under the same overarching framework of EU procurement law, the terms of the Executive’s guidelines will inevitably be similar to the Office of Government Commerce’s. However, in preparing Scottish guidance we would expect to draw on any unique Scottish examples and experience. For example, the Executive has been working on a pilot programme to examine the use of community benefit clauses in public contracts. In preparing its guidance for Scotland the Executive intends to consult relevant stakeholders, including the STUC.

Scottish Executive

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive which of its core departmental functions are carried out in (a) each region and (b) Edinburgh and what the (i) administration costs, (ii) staff numbers and (iii) total salary bill associated with each function has been in each of these areas in the last year.

Mr Tom McCabe: The Scottish Executive’s Consolidated Resource Accounts for year ending 31 March 2005 published by the Scottish Executive in 2005, a copy of which is available in the Scottish Parliament Information Centre (Bib. number 38261) sets out by core departmental aims the expenditure, income and share of the central administration costs (salaries and administration expenditure). Page 55 of the Accounts also provides an analysis of staff numbers by core departments.

  Information on salaries and administration costs is not available by region, but I refer the member to the answer to question S2W-22874 on 27 February 2006, which provides a list of Scottish Executive departments (and agencies) by local authority as at 1 April 2005.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

Scottish Executive

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive what its (a) salary bill was and (b) administration costs were in 2004-05 in (i) each region and (ii) Edinburgh, broken down by department and agency.

Mr Tom McCabe: The Scottish Executive’s administration costs (covering salaries and administration expenditure) are detailed in the Administration outturn statement shown on page 30 of the Scottish Executive’s Consolidated Resource Accounts for year ending 31 March 2005  published by the Scottish Executive in 2005. A copy of the Accounts is available in the Scottish Parliament Information Centre (Bib. number 38261). A share of the administration costs is allocated and shown in the Note for each core department in the accounts.

  The Scottish Executive Agencies produce and publish their own annual accounts, a copy of which is available in the Scottish Parliament Information Centre.

  

Title
Publisher
Year of Publication
Bib. Number


Scottish Agricultural Science Agency annual report and accounts 2004-05
Scottish Agricultural Science Agency
2005
37827


SFPA annual report and accounts 2004-2005
Stationery Office
2005
37336


Fisheries Research Services report and accounts 2004-2005
Stationery Office
2005
37506


Communities Scotland annual report and accounts 2004-05
Communities Scotland
2005
37480


The Scottish Building Standards Agency: annual report 2004-2005
Scottish Building Standards Agency
2005
38159


The Office of the Scottish Charity Regulator annual report and accounts for the year ended 31 March 2005
Office of the Scottish Charity Regulator
2005
38375


HM Inspectorate of Education in Scotland annual accounts 2004-05
HMIE
2005
38483


Annual accounts 2004-2005
Historic Scotland
2005
37699


SAAS annual report and accounts 2004-2005
Stationery Office
2005
38498


Scottish Public Pensions Agency annual report and accounts 2004-2005
Stationery Office
2005
38266


Scottish Prison Service annual report and accounts 2004-05
Stationery Office
2005
37154


Scottish Court Service annual report and accounts 2004-2005
Stationery Office
2005
38420


Accountant in Bankruptcy annual report and accounts 2004-2005
Stationery Office
2005
38497


National Archives of Scotland accounts for the year ended 31 March 2005
Stationery Office
2005
38422


Registers of Scotland annual report and accounts 2004-2005
Stationery Office
2005
37768



  Information on salaries and administration costs are not available by region, however, a list of Scottish Executive Departments and agencies with offices in local authority areas as at 1 April 2005 is shown below.

  List of Departments/Agencies by Local Authority as at 1 April 2005

  

Local Authority
Department/Agency


Aberdeen City
Communities Scotland


 
Fisheries Research Services


 
Scottish Courts


 
Scottish Fisheries Protection Agency


 
Scottish Prisons


 
HMI of Education


Aberdeenshire
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Fisheries Protection Agency


 
Scottish Prisons


 
Crown Office and Procurator Fiscal Service


Angus
Fisheries Research Services


 
Scottish Courts


 
Scottish Prisons


 
Crown Office and Procurator Fiscal Service


Argyll and Bute
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Fisheries Protection Agency


 
Crown Office and Procurator Fiscal Service


City of Edinburgh
Accountant In Bankruptcy


 
Communities Scotland


 
Development Department


 
Education Department


 
Enterprise, Transport and Lifelong Learning Dept


 
Environment and Rural Affairs Department


 
Finance and Central Services Department


 
General Register Office For Scotland


 
Health Department


 
Historic Scotland


 
Justice Department


 
Legal and Parliamentary Services


 
National Archives Of Scotland


 
Office Of The Permanent Secretary


 
Registers Of Scotland


 
Scottish Agricultural Science Agency


 
Scottish Courts


 
Scottish Fisheries Protection Agency


 
Scottish Prisons


 
Scottish Public Pensions Agency


 
Social Work Services Inspectorate


 
Student Awards Agency For Scotland


 
HMI of Education


 
Crown Office and Procurator Fiscal Service


Clackmannanshire
Historic Scotland


 
Justice Department


 
Scottish Courts


 
Scottish Prisons


 
Crown Office and Procurator Fiscal Service


Dumfries and Galloway
Communities Scotland


 
Development Department


 
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Prisons


 
HMI of Education


 
Crown Office and Procurator Fiscal Service


Dundee City
Office Of The Scottish Charity Regulator


 
Scottish Courts


 
Crown Office and Procurator Fiscal Service


East Ayrshire
Historic Scotland


 
Scottish Courts


 
Crown Office and Procurator Fiscal Service


East Lothian
Justice Department


 
Historic Scotland


 
Scottish Courts


 
Crown Office and Procurator Fiscal Service


Eilean Siar
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Fisheries Protection Agency


Falkirk
Development Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Prisons


 
Crown Office and Procurator Fiscal Service


Fife
Historic Scotland


 
Scottish Courts


 
Scottish Fisheries Protection Agency


 
Crown Office and Procurator Fiscal Service


Glasgow City
Communities Scotland


 
Development Department


 
Enterprise, Transport and Lifelong Learning Dept


 
Environment and Rural Affairs Department


 
Finance and Central Services Department


 
Historic Scotland


 
Office Of The Permanent Secretary


 
Registers Of Scotland


 
Scottish Courts


 
Scottish Prisons


 
HMI of Education


 
Crown Office and Procurator Fiscal Service


Highland
Historic Scotland


 
Scottish Courts


 
Scottish Prisons


 
Crown Office and Procurator Fiscal Service


Highlands
Communities Scotland


 
Environment and Rural Affairs Department


 
Scottish Fisheries Protection Agency


 
HMI of Education


Inverclyde
Scottish Courts


 
Scottish Fisheries Protection Agency


 
Crown Office and Procurator Fiscal Service


Midlothian
Historic Scotland


Moray
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Fisheries Protection Agency


North Ayrshire
Historic Scotland


North Lanarkshire
Historic Scotland


 
Scottish Prisons


 
Crown Office and Procurator Fiscal Service


Orkney
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Fisheries Protection Agency


Perth and Kinross
Environment and Rural Affairs Department


 
Fisheries Research Services


 
Historic Scotland


 
Scottish Courts


 
Scottish Prisons


 
Crown Office and Procurator Fiscal Service


Renfrewshire
Communities Scotland


 
Scottish Courts


 
Crown Office and Procurator Fiscal Service


Scottish Borders
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Fisheries Protection Agency


 
Scottish Public Pensions Agency


 
Crown Office and Procurator Fiscal Service


Shetland
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Fisheries Protection Agency


South Ayrshire
Communities Scotland


 
Environment and Rural Affairs Department


 
Scottish Courts


 
Scottish Fisheries Protection Agency


 
Crown Office and Procurator Fiscal Service


South Lanarkshire
Communities Scotland


 
Environment and Rural Affairs Department


 
Health Department


 
Scottish Courts


 
Crown Office and Procurator Fiscal Service


Stirling
Environment and Rural Affairs Department


 
Historic Scotland


 
Scottish Courts


 
Scottish Prisons


 
Crown Office and Procurator Fiscal Service


West Dunbartonshire
Scottish Courts


 
Crown Office and Procurator Fiscal Service


West Lothian
Historic Scotland


 
Scottish Building Standards Agency


 
Scottish Courts


 
HMI of Education


 
Crown Office and Procurator Fiscal Service

Sport

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether the proposed review of the Sport 21 programme can be regarded as independent if  sportscotland and the Scottish Sports Association are appointed to the group which conducts the review.

Patricia Ferguson: The review of Sport 21 has been established to produce recommendations on how the key partners in Scottish sport might better support the delivery of the Sport 21 aims and objectives. I believe it would be inappropriate for the review to exclude any of the key delivery partners such as  sportscotland and the Scottish Sports Association.

Wildlife

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive what action it is taking as a result of a letter, dated 5 December 2005, to it from Scottish Natural Heritage (SNH) in respect of the Electricity Act 1989 and an application for the development of the Muaitheabhal Windfarm in the Western Isles, in which SNH states that the methodology employed in the collusion risk assessment of the impact of the development on golden eagles and white-tailed eagles was flawed; whether the Executive considers that the methodology in other assessments may also have been flawed; whether it has asked SNH for any further information in respect of the methodology, and how much the assessment cost.

Allan Wilson: The letter from SNH referred to by Fergus Ewing, was a revision of the advice in its earlier response to this application and arose from the error identified in the original collision risk assessment, which was undertaken as part of the Environmental Assessment prepared on behalf of the applicant. This was, I understand, not an error in the methodology, but in the way in which it was applied. The error has been acknowledged by the applicant. It has no particular bearing on other proposals.

  The revised advice from SNH will inform the eventual determination of this application by the Scottish ministers.

  The Executive conducts a statutory consultation exercise for all Electricity Act consent applications, which seeks the views of SNH, as advisers to the Executive on these matters, to help assess the likely impacts of individual developments on wildlife species and their habitats. As this incident demonstrates, this is a robust procedure.

  The cost of the collision risk assessment, undertaken on behalf of the developer, is not known to the Executive.

Young People

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive what progress it has made in establishing a national youth work strategy and when it expects to issue a consultation document on the subject.

Robert Brown: A consultation paper will be published in the spring. A national strategy for youth work will be developed following the consultation.